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Madras High CourtCRL MP(MD)/860/2021ordered

Muthiah v. The Inspector Of Police

2021-02-09Honourable Mr Justice M. Nirmal Kumar2 pages

CRL MP(MD) No.860 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) No.860 of 2021 IN CRL OP(MD) No.15483 of 2020 1 MUTHIAH 2 PANDI ... PETITIONERS 1 & 2/PETITIONERS 1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, SINDUPATTI POLICE STATION, MADURAI DISTRICT.

CRIME NO.907 OF 2020 ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition Page no.2 in Para No.7(a) imposed in Crl.O.P.(MD) No.15483 of 2020 dated 22/12/2020. Order :This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.R.SUNDAR, Advocate for the petitioners and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) on behalf of the Respondent, the Court made the following order:- This petitioner has been filed to modify the condition No.7(a) imposed by this Court in Crl.O.P(MD) No.15483 of 2020 dated 22.12.2020.

2. This Court by an order dated 22.10.2020 in Crl.O.P(MD) No.15483 of 2020 had granted anticipatory bail to the petitioners directing the petitioners to hand over all the original Pronotes which was obtained at the time of borrowal of loan to the defacto complainant.

3. The learned counsel for the petitioners submitted that no document or pronotes were available with them which is signed by the defacto complainant, hence they are unable to furnish sureties. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.860 of 2021

4. Taking into consideration the submission made by the learned counsel for the petitioners the condition no.7(a) imposed by this Court in Crl.O.P(MD) No.15483 of 2020 dated 22.12.2020 shall stand deleted. Further the petitioners are directed to file an affidavit before the lower Court stating that they do not have any pronotes, stamp papers or any other documents signed by the defacto complainant and his family members either in their name or in their family members name. Further they shall give an undertaking that they will not initiate any action based on the such documents in future in any manner. On filing such affidavit the learned Magistrate shall accept the sureties furnished by the petitioners. Further two weeks time is extended to comply with the conditions. sd/- 09/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT.

2.DO THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, SINDUPATTI POLICE STATION, MADURAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.R.SUNDAR, Advocate SR.No.869

ORDER

IN CRL MP(MD) No.860 of 2021 IN CRL OP(MD) No.15483 of 2020 Date :09/02/2021 AAV PK/JC/SAR-III/12.02.2021 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2